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Annual Report 1999CONTENTS
Ms Ann Graham Centre for Corporate Law and Securities Regulation Telephone: +61 3 8344 5281 Professor Ian Ramsay Centre for Corporate Law and Securities Regulation Telephone: +61 3 8344 5332
Professor Ian Ramsay 1999 was the fourth year of operation of the Centre for Corporate Law and Securities Regulation. The year saw many achievements including an active research program conducted by members of the Centre, the hosting of major seminars, the strengthening of links with peak organisations both in Australia and internationally, the development of the Corporate Law Electronic Bulletin, and the launch of a new website. Research In 1999 the 14 academics who were members of the Centre were responsible for the publication of 5 books, 43 book chapters and journal articles, and 5 research reports. An important aspect of the Centre's research program is its monograph and research report series in corporate law and securities regulation. 1999 saw the publication of 5 further publications in this series. These were:
The monographs published by the Centre continue to receive positive reviews. For example, the monograph by Pamela Hanrahan titled Managed Investments Law (1998) was reviewed in the University of Tasmania Law Review where the reviewer stated that "as an account and commentary on a particular area of financial regulation, the monograph is an invaluable resource for both legal practitioners and funds management professionals". Another review in the Company and Securities Law Journal stated that the monograph "represents a substantial analysis of the Managed Investments Act 1998 ... Legal requirements, the scope of relevant laws and the responsibilities of administrators and regulatory bodies have been thoroughly considered". Members of the Centre continue to place a high priority on obtaining competitive research grants. In 1999 members of the Centre obtained an Australian Research Council Strategic Partnership with Industry (Research and Training) Grant for a project titled "The Governance of Managed Investment Schemes". The research team for this project is Professor Ian Ramsay, Ms Pamela Hanrahan and Dr Geof Stapledon. A number of major research grants obtained in 1998 continued to provide funding for projects in 1999. A full list of competitive research grants obtained by members of the Centre is included in this Annual Report. Seminars In 1999 the Centre hosted or was involved in the organisation of six seminars and conferences. The seminars dealt with topics including "The Business Judgment Rule", "Share Capital Changes: Practical Implications", "Directors' and Officers' Liability Insurance: Practical and Legal Issues" and "Lawyers' Professional Negligence: Recent Developments". In 1999 the Centre for Corporate Law was again pleased to be able to assist the Australian Securities and Investments Commission with its Summer School. The Summer School was held at The University of Melbourne and the theme was "Strengthening the Architecture of the Financial System: National, Regional and International Responses to Volatile Global Financial Markets". The Summer School brought together senior regulators from many countries including Australia, China, the United Kingdom, the United States, Canada, Singapore, Hong Kong, New Zealand, Thailand, Indonesia, Korea, Malaysia, The Philippines, Fiji, India, Sri Lanka and Papua New Guinea. The keynote speakers at the Summer School included:
Links with peak organisations 1999 saw the further development of links with peak organisations both in Australia and overseas. Members of the Centre play an active role with organisations such as the Law Council of Australia and the Australian Institute of Company Directors. This includes writing submissions regarding law reform proposals on behalf of several of these peak organisations. Corporate Law Electronic Bulletin 1999 saw the continued development of the Corporate Law Electronic Bulletin which was established in 1997. The monthly email Bulletin is published with the support of the Australian Securities and Investments Commission, the Australian Stock Exchange and leading national law firms. There are now approximately 2000 subscribers to the Bulletin with a much wider readership as the Bulletin is distributed widely within companies, regulators, law firms and government departments. The Bulletin has been supported and promoted by organisations such as the Corporate Lawyers Association, the Commercial Law Association, the Law Council of Australia, the Australian Institute of Company Directors, and the Chartered Institute of Company Secretaries. We continue to receive very positive feedback on the Bulletin. A particularly pleasing feature is the increasing number of international subscribers to the Bulletin. Editorial positions Members of the Centre continued in 1999 to occupy editorial positions with major corporate law publications including the Company and Securities Law Journal, the Australian Business Law Review, the Company, Financial and Insolvency Law Review and the International Corporate Law Bulletin. During 1999 the Centre played a prominent editorial role in relation to the Business Organisations chapters of Laws of Australia (a major encyclopedia of Australian law). Website of corporate law judgments As a result of the 1999 decision of the High Court in Re Wakim (which has had the effect of excluding the Federal Court from hearing most corporate law matters it has previously heard) the judges of the State Supreme Courts selected the Centre for Corporate Law to host a website of corporate law judgments. A newspaper article about the website appeared in The Australian Financial Review. The website was launched in late 1999. The address is: "http://cclsr.law.unimelb.edu.au/judgments/". This is a particularly important initiative as the website has proved to be an essential tool for corporate law research and information. New initiatives in Asian law The 1998 Annual Report indicated that a strategic priority for 1999 would be initiatives in the area of Asian Law. The Annual Report noted that Professor Malcolm Smith and Associate Professor Timothy Lindsey, both notable experts in Asian Law, joined the Centre towards the end of 1998. I am pleased to report the following developments. In March 1999, Professor Lindsey organised a major two-day conference in Jakarta titled Current Issues and Future Directions for Bankruptcy Reform in Indonesian. The host organisations were AusAID, the World Bank, the International Monetary Fund and the Indonesian Government. The conference was a major success and brought enormous credit to Professor Lindsey and all those associated with the conference. In June 1999, the Centre for Corporate Law co-sponsored a major conference hosted by the Asian Institute of International Financial Law at the University of Hong Kong. The title of the conference was Challenges for the New International Financial Architecture: Lessons for East Asia. Approximately 30 papers were presented at the conference. Professor Say Goo of the University of Hong Kong visited the Centre for Corporate Law for approximately one month in 1999 in order to strengthen research and teaching links between the Centre and the Asian Institute of International Financial Law. Professor Goo is one of Hong Kong's leading corporate law authorities. He is also a notable expert in property law. Harmonisation of Corporations Law Court Rules In October 1999 the Council of Chief Justices adopted a recommendation for the use of harmonised Rules of Court in Corporations Law matters in all Australian jurisdictions. A member of the Centre for Corporate Law, Professor Greg Reinhardt, who is also Executive Director of the Australian Institute of Judicial Administration, was closely involved in this project. The initial draft of the proposed Rules was prepared by the Institute. The successful completion of the project will have great practical significance for the administration of justice throughout Australia. In particular, practitioners concerned with the winding up of companies in jurisdictions other than their own can be assured that an application will not fail provided that the harmonised Rules are used. Moreover, the Rules are drafted so as to overcome the ambiguities and uncertainties present in existing State and Territory Corporations Law Court Rules. Consultancies and pro bono work Members of the Centre are active in providing their expertise to those outside of The University of Melbourne, both in relation to pro bono matters and also significant corporate transactions. In 1999 Sue Woodward continued her work as a Director of the Schizophrenia Australia Foundation and provided advice to the Foundation on corporate law matters. Professor Ian Ramsay provided pro bono advice to several community organisations as well as the Commonwealth Department of Community Services. Members of the Centre have also provided their expertise in relation to significant corporate transactions including the demutualisation of NRMA, the restructuring of the Institute of Certified Practising Accountants, the restructuring of Smorgon Steel, and various takeovers and capital raising transactions. Staff changes Several new appointments were made during 1999. Sally Sievers, who was previously a Senior Lecturer in the Faculty of Law at Monash University joined the Centre for Corporate Law in late 1999. Sally is the author of Associations and Clubs Law in Australia and New Zealand (2nd edition, 1996) and is a member of the Corporations Law Committee of the Law Council of Australia. She was formerly the Editor of the Company and Securities Law Journal. Jurgen Kurtz joined the Faculty of Law on a part-time basis in 1999 where he teaches corporate law. He is also a consultant to Mallesons Stephen Jaques. Next year, Lesley Hitchens will join the Faculty of Law at The University of Melbourne from the University of Warwick in England. Her research interests are corporate law, banking law and broadcasting regulation. At the end of 1999, Dr Elizabeth Boros resigned from The University of Melbourne to take up a position as Professor of Law at Monash University. Dr Belinda Fehlberg took unpaid leave at the end of 1999 to take up a senior research position with the Institute of Family Studies for three years. Acknowledgments Many people deserve thanks for their contribution to the work of the Centre during 1999. They include the members of the Australian Advisory Board and, in particular, the Chair of the Australian Advisory Board, the Hon Mr Justice Hayne. Members of the International Advisory Board of the Centre have also provided valuable advice in relation to international developments and have been active in assisting the work of the Centre. I am pleased to report that Professor Say Goo of the University of Hong Kong joined the International Advisory Board in 1999. Particular thanks are due to Ann Graham, the Administrator of the Centre, who has played a key role in many of the Centre's achievements during 1999. The Dean of the Faculty of Law at The University of Melbourne, Professor Michael Crommelin, has been a strong supporter of the initiatives undertaken by the Centre. PURPOSES AND OBJECTIVES OF THE CENTRE The objectives of the Centre and its members are to:
The Centre has an International Advisory Board comprised of leading Judges and corporate law academics. The members of the International Advisory Board are:
The Centre has an Australian Advisory Board chaired by the Honourable Mr Justice Hayne and comprising leading members of the Australian legal and business communities. The members of the Australian Advisory Board are:
ACADEMIC MEMBERS OF THE CENTRE The following academics were members of the Centre in 1999: Ms Helen Bird Helen Bird is a graduate in Law (Hons) and Commerce from the University of Queensland. She teaches Corporate Law and Business Law. Her research interests are corporate governance, corporate regulation and legal theory. She is also a Barrister and Solicitor of the Supreme Court of Victoria. Dr Elizabeth Boros Elizabeth Boros is a graduate of The University of Adelaide (LLB (Hons)) and Cambridge University (LLM; PhD). She is a Barrister and Solicitor of the Supreme Courts of South Australia and Victoria, and a Solicitor of the Supreme Court of England and Wales. Elizabeth completed a doctorate at the University of Cambridge in 1992. On returning to Australia she practised with Blake Dawson Waldron. A revised version of her doctoral thesis was published as a book titled Minority Shareholders' Remedies by Oxford University Press in 1995. She joined the academic staff of The University of Melbourne and the Centre for Corporate Law and Securities Regulation as a Senior Lecturer in 1996. She teaches Corporations Law and Equity in the LLB Program and Members' Remedies in the Graduate Program. Her main areas of research interest at present are electronic prospectuses, directors' duties and shareholders' remedies. Dr Belinda Fehlberg Belinda Fehlberg graduated from The University of Melbourne in 1991 (BA, LLB (Hons)). She completed her articles of clerkship at Arthur Robinson & Hedderwicks in the area of commercial litigation and then practised in the corporate law area. In 1992, she began her DPhil studies at the Centre for Socio-Legal Studies, University of Oxford. She was awarded her DPhil in 1995. Her DPhil thesis comprised a socio-legal, empirically-based study of spouses and partners who provide third party loan security for the business borrowings of their other spouse or partner. A revised version of the thesis was published in 1997 by Oxford University Press. In 1993 Belinda was appointed as a half-time Lecturer in the Faculty of Law, University of Warwick, where she taught Commercial Law and Company Law. At the end of 1994, Belinda took up an appointment as a lecturer in the Law School, The University of Melbourne and was promoted to senior lecturer in 1997. She currently teaches Corporations Law and Family Law. Her publications are mainly in the area of her thesis research, but she has a general interest in the areas of corporations law and family law, and especially in issues where these two areas overlap. Ms Pamela Hanrahan Pamela Hanrahan joined the academic staff of The University of Melbourne as a Senior Lecturer in February 1997, having previously practised corporate law and securities law as a Senior Associate with Arthur Robinsons & Hedderwicks in Melbourne. She holds Honours degrees in Arts and Law from The University of Melbourne and a Master of Laws from Case Western Reserve University, Ohio USA, and is currently completing an SJD at The University of Melbourne. She teaches Corporations Law at the undergraduate level in both the Law and Commerce faculties, and Regulation of Managed Investments as part of the Law School's graduate program. Her research interests include the law of managed funds, corporate and securities law and derivatives regulation. Pamela is Special Counsel with Arthur Robinson & Hedderwicks. Mr Jurgen Kurtz Jurgen Kurtz graduated in Law (Hons) and Arts from The University of Melbourne in 1993. He completed his articles of clerkship at Mallesons Stephen Jaques in 1994 and practised in corporate law until 1999. He was appointed a consultant in corporate law to Mallesons in 2000. He teaches Corporations Law at the undergraduate level in both the Law and Commerce Faculties. Jurgen is currently completing his LLM by research thesis at The University of Melbourne. His main research interest is in international efforts to liberalise domestic investment laws and the impact of those efforts on the regulation of transnational corporations. Associate Professor Timothy Lindsey Tim Lindsey is a graduate of The University of Melbourne Law School and has a doctorate in Indonesian Studies. He teaches Insolvency Law and also Indonesian Law, Malaysian Law and Islamic and Traditional Customary Law. Particular subjects he teaches include Commercial Law in Asia, Resources Law and Policy in Indonesia and International Marketing and Franchising in Asia. He researches and teaches in Indonesian. His books include Indonesia: Law and Society, and How Companies Work. Tim is a member of the Board of the Department of Foreign Affairs and Trade's Australia-Indonesia Institute. Professor Ian Ramsay Ian Ramsay is the Harold Ford Professor of Commercial Law in the Law School at The University of Melbourne where he is Director of the Centre for Corporate Law and Securities Regulation. He has practised law with the firms Sullivan & Cromwell in New York and Mallesons Stephen Jaques in Sydney. Other positions Ian has held include:
Ian has published extensively on corporate law issues both internationally and in Australia. His books include Ford's Principles of Corporations Law (co-author, 9th edition, 1999); Commercial Applications of Company Law (co-author, 2000); Securities Regulation in Australia and New Zealand (co-editor, 1998); The Corporate Law Economic Reform Program Act Explained (co-author 2000); The New Corporations Law (co-author, 1998); Corporate Governance and the Duties of Company Directors (editor, 1997); and Education and the Law (co-author, 1996). Mrs Sally Sievers Sally Sievers (BA, LLB (Melb); LLM (Monash) was previously a Senior Lecturer at the Faculty of Law at Monash University. Her main research interests are corporations law, especially directors' duties and non-profit associations. She is the author of Associations and Clubs Law in Australia and New Zealand (2d ed, 1996). She teaches Corporations Law in the LLB Program. Sally is also a Barrister and Solicitor of the Supreme Court of Victoria and a member of the Corporations Law Committee of the Law Council of Australia. Professor Malcolm Smith Professor Smith joined The University of Melbourne Faculty of Law from the University of British Columbia, Canada, where he was Founding Director of the Japanese Legal Studies Program. He is a graduate of The University of Melbourne Law School and Harvard Law School, and specialises in Japanese Law. He holds the Foundation Chair in Asian Law at The University of Melbourne. He researches and teaches in Japanese and has particular research interests in Japanese corporate, banking and finance law. Professor Smith is a member of the board of the Australia-Japan Foundation, the Executive Board of the Australian Centre for International Commercial Arbitration, the International Trade Law and Business Committee of the Law Council of Australia, the International Legal Services Advisory Council and the Australian International Legal Exchange Committee established by the Commonwealth Attorney-General. Mr Greg Reinhardt Greg Reinhardt joined the Faculty of Law in 1991 from the law firm Minter Ellison where he was a partner. His research and teaching interests include the Law of Insolvency, Civil Procedure and Insurance Law. Greg is Editor of the Insurance Law Bulletin. In 1997 Greg was appointed Executive Director of the Australian Institute of Judicial Administration which is affiliated with the Faculty of Law at The University of Melbourne. Associate Professor Mark Sneddon Mark Sneddon (BSc (Comp Sci), LLB (Hons) (Melb); LLM (Mich)) is Associate Professor of Law working in Banking, Media and Electronic Communications Law. Mark teaches postgraduate courses in Electronic Banking and Payments Law, Broadcasting and Telecommunications Law and International Bank Obligations and Trade Finance and is Director of Studies for the postgraduate Diploma in Banking and Finance. He has written and lectured widely in the field of electronic banking and electronic commerce payment systems and in banking law generally. Prior to commencing his university career, Mark practised full-time as a commercial lawyer, worked on law reform issues for the Victorian Parliament and was Associate to Chief Justice Sir Gerard Brennan of the High Court of Australia. He has acted as an adviser to the State of Victoria on electronic commerce and was a member of the Federal Attorney-General's Expert Group on Electronic Commerce. Mark's current research relates to the Law of Electronic Transactions, investigating electronic commerce, digital signatures and electronic banking and payments issues (including stored value cards, Internet banking, secure Internet payment systems and digital cash). Dr Geof Stapledon Dr Geof Stapledon obtained undergraduate degrees in Economics and Law from the University of Adelaide before practising as a commercial solicitor with Finlaysons in Adelaide. He then spent three years at the University of Oxford, conducting doctoral research into the role of institutional investors in corporate governance in the UK and Australia. This research led to the publication in mid-1996 of Geof's book Institutional Shareholders and Corporate Governance (Oxford University Press). Geof joined the Faculty of Law at The University of Melbourne in 1995. Geof has a number of journal publications in the area of institutional investors and corporate governance, together with articles in the areas of directors' duties, shareholders' remedies, and auditors' liabilities. He is the Editor of the leading journal specialising in Australasian corporate and securities law: the Company and Securities Law Journal. Geof spent 1997 on secondment with the law firm Minter Ellison in Sydney, advising on the demutualisation of the AMP Society. He is a Principal in the corporate governance advisory firm, Institutional Analysis. Mr John Telfer John Telfer is a Senior Lecturer in the Faculty of Law and a Barrister. He works mainly in the area of Taxation Law and has also taught Corporations Law. He undertakes research into Australian, international and south-east Asian taxation. This work includes the taxation of companies in various jurisdictions and how the business transactions of companies are taxed. Ms Susan Woodward Susan Woodward is a graduate of The University of Melbourne (LLB (Hons)) and is a Barrister and Solicitor of the Supreme Court of Victoria. Prior to joining The University of Melbourne, Susan practised in commercial law both in Australia and London. She also worked as in-house legal counsel for the Australian Industry Development Corporation. At The University of Melbourne, Susan has taught Corporations Law for several years. Susan has co-authored the book Corporations Law Workbook (LBC Information Services, 4th ed, 1999) which is accompanied by a Teachers' Manual. A number of highly successful conferences and seminars were organised by the Centre during 1999. Corporate Law Economic Reform Program Paper 6 and Securities (9 September 1999) Speakers - Ms Pamela Hanrahan, Senior Lecturer in Law, The University of Melbourne; Ms Alison Lansley, Partner, Mallesons Stephen Jaques; Mr Alan Shaw, National Manager - Market Integrity, Australian Stock Exchange Lawyers' Professional Negligence: Recent Developments (23 August 1999) Speakers - Professor Robert Baxt, Partner, Arthur Robinson & Hedderwicks; Mr Norman O'Bryan, Member of the Victorian Bar; Professor Michael Tilbury, Edward Jenks Professor of Law, The University of Melbourne Directors' and Officers' Liability Insurance: Practical and Legal Issues (12 August 1999) This seminar was co-hosted with the Australian Institute of Company Directors. Share Capital Changes: Practical Implications (20 May 1999) Speakers - Mr Quentin Digby, Partner, Freehill Hollingdale & Page; Mr Norman O'Bryan, Member of the Victorian Bar; Mr Timothy Neilson, Special Counsel, Blake Dawson Waldron; Mr Charles Rosedale, Partner, Clayton Utz The Business Judgment Rule: Key Issues for Company Directors and Officers and Their Advisers (4 May 1999) Speaker - Professor Douglas Branson, Professor of Law, University of Pittsburgh; Visiting Fellow, Faculty of Law, The University of Melbourne Commentators - Professor John Farrar, School of Law, Bond University; Professorial Associate, Faculty of Law, The University of Melbourne; Mr Ian Renard, Partner, Arthur Robinson & Hedderwicks; Director of AMP Limited, CSL Limited, Newcrest Mining Limited and Ericsson Australia Pty Ltd This seminar was co-hosted with the Australian Institute of Company Directors. 1999 Australian Securities and Investments Commission Summer School (21-26February 1999) The 1999 Australian Securities and Investments Commission Summer School was held at The University of Melbourne. It was planned with the support of the Centre for Corporate Law and Securities Regulation. The theme of the Summer School was "Strengthening the Architecture of the Financial System: National, Regional and International Responses to Volatile Global Financial Markets". The Summer School brought together senior regulators from many countries including Australia, China, the United Kingdom, the United States, Canada, Singapore, Hong Kong, New Zealand, Thailand, Indonesia, Korea, Malaysia, The Philippines, Fiji, India, Sri Lanka and Papua New Guinea. The keynote speakers at the Summer School included: Mr Phillip Thorpe, Managing Director of the United Kingdom Financial Services Authority; Mr Anthony Neoh, Chief Advisor to the China Securities Regulatory Commission and Professor of Law at Peking University, Beijing; former Chairman of the Hong Kong Securities and Futures Commission and former Chairman of the Technical Committee of the International Organisation of Securities Commissions; Ms Felice Friedman, Assistant Director, Office of International Affairs, United States Securities and Exchange Commission; Mr Donald Mercer, Chairman of the Australian Information Economic Advisory Council and Director of the Australian Prudential Regulation Authority; former Chief Executive Officer of the ANZ Banking Group Limited; Dr John Edwards, Chief Economist of HSBC-Australia; Mr Alan Cameron, Chairman of the Australian Securities and Investments Commission and Chairman of the Joint Forum on Financial Conglomerates; Mr Shane Tregillis, National Director, Regulation, Australian Securities and Investments Commission; Professor Ian Ramsay, Harold Ford Professor of Commercial Law and Director of the Centre for Corporate Law and Securities Regulation, The University of Melbourne Previous seminars of the Centre have included: Interpreting Ministerial Directions to Statutory Corporations: Can Responsible Government Determine Corporate Governance? Speaker - Mr Christos Mantziaris, Research School of Social Sciences, Australian National University Long-Term Contracts and Competition Laws Speakers: - Mr David Goddard, Partner, Chapman Tripp, New Zealand; Professor Robert Baxt, Partner, Arthur Robinson & Hedderwicks, Professorial Associate, The University of Melbourne; Associate Professor Joshua Gans, Melbourne Business School A United States Perspective on the Business Judgment Rule Speaker - Professor Deborah DeMott, School of Law, Duke University, USA This seminar was co-hosted with the Corporations Law Committee of the Law Council of Australia. Patrick Stevedores v Maritime Union of Australia: The Labour Law, Corporate Law and Commercial Litigation Issues Speakers - Dr Graham Smith, Partner, Clayton Utz; Mr Andrew Lumsden, Partner, Corrs Chambers Westgarth; Professor Greg Reinhardt, Executive Director, Australian Institute of Judicial Administration. This seminar was co-hosted with the Centre for Employment and Labour Relations Law of The University of Melbourne. 1998 Australian Securities Commission Summer School The 1998 Australian Securities Commission Summer School was held at The University of Melbourne. It was planned with the support of the Centre for Corporate Law and Securities Regulation. The theme of the Summer School was Investors, Global Financial Markets and Regulation: Current Trends and Issues. The Summer School brought together senior regulators from many countries including Australia, the United States, Canada, the United Kingdom, Hong Kong, China, New Zealand, Singapore, Malaysia, Indonesia, Taiwan, The Philippines, Thailand, Sri Lanka and Papua New Guinea. Keynote speakers at the Summer School included: Mr Barry Barbash, Director, Division of Investment Management, United States Securities and Exchange Commission; Dr Mohd Munir Abdul Majid, Chairman of the Securities Commission of Malaysia and Chairman of the Emerging Markets Committee of the International Organisation of Securities Commissions; Mr Edward Waitzer, Senior Partner, Stikeman, Elliott, Toronto; former Chairman of the Ontario Securities Commission, former Chairman of the Technical Committee of the International Organisation of Securities Commissions and former Vice-President of the Toronto Stock Exchange; Professor Ian Harper, Director of the Ian Potter Centre for International Finance, Melbourne Business School and member of the Wallis Committee of Inquiry into the Australian Financial System; Mr Alan Cameron, Chairman of the Australian Securities Commission and Chairman of the Joint Forum on Financial Conglomerates The Regulation of Managed Investments: Current Issues and Perspectives Speakers - Mr Edward Waitzer, Senior Partner, Stikeman, Elliott, Toronto; former Chairman of the Ontario Securities Commission and former Vice-President of the Toronto Stock Exchange; Mr Barry Barbash, Director of the Division of Investment Management, United States Securities and Exchange Commission; Mr Shane Tregillis, National Director, Regulation, Australian Securities Commission; Ms Pamela Hanrahan, Senior Lecturer and Member of the Centre for Corporate Law and Securities Regulation, The University of Melbourne, Senior Associate, Arthur Robinson & Hedderwicks. This seminar was co-hosted with the Australian Securities Commission. Developments in Closely Held Firms in the United States Speaker - Professor Robert Thompson, Washington University, USA. The Corporate Law Economic Reform Program Keynote speakers included Mr Jim Murphy, First Assistant Secretary, Business Law Division, The Treasury; Ms Claire Grose, Chairperson, Corporations Law Committee, Business Law Section of the Law Council of Australia and Partner of Freehill Hollingdale & Page; Professor Robert Baxt, Chairman, Corporations Law Committee, Australian Institute of Company Directors and Partner of Arthur Robinson & Hedderwicks; Professor Bernard Black, Columbia University Law School, USA; Mr David Goddard, Partner, Chapman Tripp Sheffield Young, New Zealand. This one day conference was co-hosted with the Centre for Law and Economics, The Australian National University. Do Independent Directors Matter? Speakers - Professor Bernard Black, Columbia University Law School, USA; Henry Bosch AO, Company Director; Jeffrey Lawrence, J P Morgan. This seminar was co-hosted with the Australian Institute of Company Directors. Contemporary Developments in Corporate Insolvency Law (A Centenary Celebration of Salomon v Salomon & Co Ltd) Speakers - The Rt Hon The Lord Cooke of Thorndon, Member of the House of Lords and Judicial Committee of the Privy Council; Professor Len Sealy, SJ Berwin Professor of Corporate Law, University of Cambridge; Professor Roy Goode, Norton Rose Professor of English Law, University of Oxford; Professor John Farrar, School of Law, Bond University and Professorial Associate, The University of Melbourne. This seminar was co-hosted with the Business Law Section of the Law Council of Australia and the 30th Australian Legal Convention. Directors' and Officers' Remuneration: Current Australian and United States Issues Speakers - Professor Charles Yablon, Cardozo Law School, New York, USA; Ms Elizabeth Alexander, Victorian State President of the Australian Institute of Company Directors and Partner of Price Waterhouse; Mr Alan Cameron, Chairman of the Australian Securities Commission; Mr Paul Jennings, Member of the Corporate Governance Committee of the Australian Investment Managers Association and Australian Shares Manager of National Mutual Funds Management; Mr John Egan, remuneration advisor to governments and the private sector. This seminar was co-hosted with The University of Melbourne Law School Foundation. Commercial Fiduciary Duties Speaker - Professor Gillian Hadfield, Faculty of Law, University of Toronto; Commentator: Professor Tony Duggan, Faculty of Law, Monash University Electronic Commerce: Regulating in a World of Technological Change Speaker - Mr Steven Wallman, Commissioner, United States Securities and Exchange Commission; Commentators - Mr Shane Tregillis, National Director, Regulation, Australian Securities Commission and Associate Professor Mark Sneddon, Faculty of Law, The University of Melbourne This seminar was co-hosted with the Australian Securities Commission. Corporate Law Teachers National Conference Thirty papers were presented at the Conference. The keynote speakers included: Professor Ron Daniels, Dean, Faculty of Law, University of Toronto, Canada - Beyond the Board of Directors: A Broader Look at the Corporate Governance Debate in Canada Professor Eddy Wymeersch, Director, Financial Law Institute, University of Ghent, Belgium - Corporate Governance: Converging Patterns Professor Lynne Dallas, University of San Diego School of Law, USA - The Dual Board and the Corporate Ombudsperson Professor Michele Havenga, Faculty of Law, University of South Africa - Corporate Governance: Recent Developments in South Africa Professor Curtis Milhaupt, School of Law, Washington University in St Louis, USA - The Market for Innovation in the United States and Japan: Venture Capital and the Comparative Corporate Governance Debate Professor Guanghua Yu, School of Law, University of Hong Kong - Policy Implications of Comparative Corporate Governance Studies This conference was co-hosted with the Corporate Law Teachers Association. The Courts and Corporate Law Speakers - Justice Norman Veasey, Chief Justice, Supreme Court of Delaware; Justice David Malcolm, Chief Justice, Supreme Court of Western Australia; Justice Edmund Thomas, Court of Appeal of New Zealand; Andrew Rogers QC, former Chief Judge, Commercial Division, Supreme Court of New South Wales; Alan Cameron, Chairman, Australian Securities Commission; Catherine Walter, professional non-executive company director; Karen Byrne, General Counsel, Australian Stock Exchange; Professor Robert Baxt, Partner, Arthur Robinson & Hedderwicks; Michael Rozenes QC, Commonwealth Director of Public Prosecutions; Alex Chernov QC, Victorian Bar; Professor Ian Ramsay, Centre for Corporate Law and Securities Regulation, The University of Melbourne This conference was co-hosted with the Australian Institute of Company Directors, the Australian Institute of Judicial Administration and the Business Law Section of the Law Council of Australia. Corporate Strategies in the Single European Market Speaker - Professor Gilles Guyot of the University of Lyon Derivatives Regulation in the United States: Problems and Issues Speaker - Professor Roberta Romano of Yale University School of Law and School of Management; Commentator - Mr Shane Tregillis of the Australian Securities Commission Deregulation of Public Utilities Speaker - Professor Michael Trebilcock of the University of Toronto Law School with a panel consisting of Professor Philip Williams of the Melbourne Business School, Mr Jim Holmes, Executive Manager, Business Development of Powernet, Mr David Goddard a partner with the New Zealand firm of Chapman Tripp Sheffield Young, and Mr John Perham of the Privatisation and Industries Reform Division of the Victorian State Treasury Department. This public lecture was co-hosted with the Australian Law and Economics Association The CRA-RTZ Merger Speakers - Mr Stephen Creese of CRA Limited and Mr Ian Renard and Mr Cameron Rider of Arthur Robinson & Hedderwicks Recent Developments in Legal Professional Privilege and the Privilege Against Self-Incrimination Speakers - Associate Professor Sue McNicol of Monash University and Mr Peter Cranswick and Mr Peter Hiland of the Australian Securities Commission Corporate Governance: An International Perspective Speaker - Professor Richard Buxbaum, University of California at Berkeley Shareholders' Remedies: Australian and United States Developments Speakers - Professor Deborah DeMott, Duke University School of Law; Mr John Kluver, Companies and Securities Advisory Committee; Dr Elizabeth Boros, Blake Dawson Waldron Daniels v AWA Limited Speakers - Professor Robert Baxt, Arthur Robinson & Hedderwicks; The Hon Andrew Rogers QC, formerly Chief Judge, Commercial Division, Supreme Court of New South Wales; Mr W R M Irvine, Chairman of the Board of Directors, National Australia Bank Recent US Developments in Directors' Duty of Care in Corporate Transactions Speaker - Professor Douglas Branson, University of Pittsburgh School of Law Gambotto v WCP Limited Speakers - Quentin Digby, Freehill Hollingdale & Page; Geoff Hone, Blake Dawson Waldron; Ian Renard, Arthur Robinson & Hedderwicks; Ron White, Norton Smith & Co Corporate Groups: A United States Perspective on Current Legal Issues and Policies Speaker - Professor Phillip Blumberg, University of Connecticut School of Law The NRMA Case Speakers - George Durbridge, Australian Securities Commission; Frances Hanks, The University of Melbourne; Norman O'Bryan, Barrister; Jon Webster, Arthur Robinson & Hedderwicks Recent Developments in Closely Held Firms in the United States: Limited Liability Companies and Limited Liability Partnerships Speaker - Professor Larry Ribstein, George Mason University School of Law, Washington, DC The Centre has developed links with peak organisations with an interest in corporate and securities law. During 1999 academic members of the Centre were also members of:
Academic staff members have also been Course Directors for the Corporate Secretaries Course administered by the Chartered Institute of Corporate Secretaries. During 1999 academic members of the Centre occupied editorial positions with a number of corporate law and other publications:
Other editorial work undertaken during 1999 included:
BOOKS Bird, H and Woodward, S, Corporations Law Workbook (4th edition), LBC Information Services, Sydney (1999) Hanrahan, P, Managed Investments Law and Practice, CCH Australia Ltd, Sydney (1999) Lindsey, T (ed), Indonesia: Law and Society, Federation Press, Sydney (1999) Lindsey, T (ed), Prospects for Reform in Post-Soeharto Indonesia, CAPI, Victoria, British Columbia (1999) Ramsay, I, Ford, H and Austin, R, Ford's Principles of Corporations Law (9th edition), Butterworths, Sydney (1999) Research Reports Bird, H, Gilligan, G and Ramsay, I, Regulating Director's Duties - How Effective are the Civil Penalty Sanctions in the Australian Corporations Law?, Centre for Corporate Law and Securities Regulation, Melbourne (1999) Boros, E, Multimedia Prospectuses and Other Offer Documents, Australian Securities and Investments Commission and Centre for Corporate Law and Securities Regulation, Melbourne (1999) Boros, E, The Online Corporation: Electronic Corporate Communicatons, Centre for Corporate Law and Securities Regulation, Melbourne (1999) Stapledon, G and Lawrence, J, Do Independent Directors Add Value?, Centre for Corporate Law and Securities Regulation, Melbourne (1999) Chapters in Books Lindsey, T, 'Corruption as Rational Response in the ASPAL State: The Failure of Reformasi Hukum' in Lindsey, T and Duncan D, (eds), Prospects for Reform in Post-Soeharto Indonesia, CAPI, Victoria, British Columbia (1999) Lindsey, T, 'An Overview of Indonesian Law' in T Lindsey (ed), Indonesia: Law and Society, Federation Press, Sydney (1999) Lindsey, T, 'From Rule of Law to Law of the Rulers - to Reformation?' in T Lindsey (ed), Indonesia: Law and Society, Federation Press, Sydney (1999) Lindsey, T, 'Indonesia: Reinventing a Legal System - Too Much, Too Little, Too Late' in A Tay (ed), East Asia - Nation Building, Human Rights and Trade, Normas Verlaggesellchaft, Baden-Baden (1999) Lindsey, T, 'Indonesia's Negara Hukum: Walking the Tightrope to the Rule of Law' in D Kingsbury and A Budiman (eds), Democracy in Indonesia: The Crisis and Beyond, Monash Asia Institute/ CSEAS, Melbourne (1999) Lindsey, T, 'Unifying a Plural System or Remaking the Rule of Law: A Question of Priorities for Indonesia' in Y Morigiwa (ed), Law and Philosophy in Metamorphosing Asia, Kobe University, Japan (1999) Reinhardt, G and De Fina, Y, 'Procedural and Practical Reform: Consequences for the Practice of Law' in C Sampford, Blencowe, S and Condlin, S (ed), Educating Lawyers for a Less Adversarial System, Federation Press, Sydney (1999) Journal Articles Bird, H, Gilligan, G and Ramsay, I, 'The Efficacy of Civil Penalty Sanctions Under the Australian Corporations Law' (1999) 136 Trends and Current Issues in Crime and Criminal Justice 1-6 Bird, H, Gilligan, G and Ramsay, I, 'Civil Penalties and the Enforcement of Directors' Duties' (1999) 22 University of New South Wales Law Journal 1-44 Boros, E, 'Disclosure of Information on Company Websites' (1999) 17 Company and Securities Law Journal 522-527 Fehlberg, B, 'Australian Law and Surety Wives: Garcia v National Australia Bank Limited' (1999) 15 Banking and Finance Law Review 161-171 Fehlberg, B and Smyth, B, 'Binding Pre-Nuptial Agreements: Will They Help?' (1999) 53 Family Matters 55-58 Hanrahan, P, 'Managed Investment Schemes: The Position of Directors under Chapter 5C of the Corporations Law' (1999) 17 Company and Securities Law Journal 67-84 Noakes, D, 'Dogs on the Wharves: Corporate Groups and the Waterfront Dispute' (1999) 11 Australian Journal of Corporate Law 27-62 Ramsay, I, 'Managing Disability: Who Can Be a Director?' (1999) 4 Interaction 9-12 Ramsay, I, Stapledon, G and Fong, K, 'Affixing of the Company Seal and the Effect of the Statutory Assumption in the Corporations Law' (1999) 10 Journal of Banking and Finance Law and Practice 38-53 Ramsay, I, 'Directors' Duties in Australia: Recent Developments and Enforcement Issues' (1999) 3 Company, Financial and Insolvency Law Review 260-285 Ramsay, I, 'Allocating Liability in Corporate Groups: An Australian Perspective' (1999) 13 Connecticut Journal of International Law 329-377 Ramsay, I, 'An Empirical Study of the Use of the Oppression Remedy' (1999) 27 Australian Business Law Review 23-37 Reinhardt, G, 'Casenote - Pacific Dunlop Ltd v Swinbank' (1999) 14 (2) Australian Insurance Law Bulletin 18-20 Reinhardt, G, 'Casenote - Farquarson Pty Ltd v FAI General Insurance Co Ltd' (1999) 14 (3) Australian Insurance Law Bulletin 25-26 Reinhardt, G, 'Casenote - Tatterson v Wirtanen' (1999) 14 (3) Australian Insurance Law Bulletin 26-27 Reinhardt, G, 'Casenote - Victorian Workcover Authority v Esso Australia Ltd' (1999) 14 (3) Australian Insurance Law Bulletin 25 Reinhardt, G, 'Casenote - Akai Pty Ltd v People's Insurance Co Ltd Revised' (1999) 14 (5) Australian Insurance Law Bulletin 47 Reinhardt, G, 'Professional Liability - What Constitutes a 'Firm'?' (1999) 14 (6) Australian Insurance Law Bulletin 57 Reinhardt, G, 'Casenote - NSW FAI General Insurance Ltd v Jarvis' (1999) 14 (6) Australian Insurance Law Bulletin 60 Reinhardt, G, 'Casenote - Hansen Development Pty Ltd v MMI Ltd' (1999) 14 (6) Australian Insurance Law Bulletin 61 Reinhardt, G, 'Casenote - Nilsen Electric (SA) Pty Ltd v Mitsubishi Motors Australia Ltd' (1999) 14 (6) Australian Insurance Law Bulletin 63 Reinhardt, G, 'Casenote - Harpley v QBE Insurance Ltd' (1999) 14 (7) Australian Insurance Law Bulletin 71 Reinhardt, G, 'Casenote - Lopez v Star World Enterprises Pty Ltd' (1999) 14 (7) Australian Insurance Law Bulletin 72 Reinhardt, G, 'Casenote - Should a judicial officer be automatically disqualified where they hold shares in a corporation which is party to, or interested in the outcome of, the litigation? Clenae Pty Ltd v New Zealand Banking Group Ltd' (1999) 8 Journal of Judicial Administration 179-184 Smith, M, 'Consumer Contracts and Uncoscionability (1999) 6 ICCLP Publications 11-18 Stapledon, G, 'Share Ownership and Control in Listed Australian Companies' (1999) 2 (3) Corporate Governance International 17-32 Stapledon, G, 'Company Law Reform: Producing a User-Friendly Statute' (1999) 3 Company Financial and Insolvency Law Review 114-118 Stapledon, G, 'Mirror, Mirror on the Wall, Did Monty Have to Go After All?' (1999) No 66 Governance 2-3 Stapledon, G, 'Curbing the Noisy Minority' (1999) No 72 Governance 11 Stapledon, G, 'Why Voting Shouldn't Be Compulsory' (1999) 28 (9) Pensions World 51-52 Stapledon, G, 'Should Institutional Shareholders be Required to Exercise Their Voting Rights?' (1999) 17 Company and Securities Law Journal 332-334 Woodward, S, 'Not for Profit Companies - Some Implications of Recent Corporate Law Reforms' (1999) 17 Company and Securities Law Journal 390-405 Woodward, S, 'Dust off your Constitution!' Noticeboard, Newsletter of the Victorian Council of Social Service (February 2000) and then reprinted (with permission) in Community Houses Newsletter REFERENCE WORKS Reinhardt, G, 'Managed Investment Schemes: Changes in the Regulation of Public Unit Trusts' in Laws of Australia, LBC Information Services, Sydney (1999) Stapledon, G, 'Company Management' in Laws of Australia, LBC Information Services, Sydney (1999) Telfer, J, Box, A and Morrison, I, 'Wills, Probate and Administration - Victoria' LBC Information Services, Sydney (1999) CONFERENCE PAPERS Hanrahan, P, 'Compliance Plans for Managed Investment Schemes: Some Practical and Theoretical Perspectives', Corporate Law Teachers Association Conference, Monash University, February 1999 Lindsey, T, 'Black Letter Market and Bad Faith: Corruption as Rational Response and the Failure of Reformasi Hukum', Indonesia Update, ANU, Canberra, August 1999 Lindsey, T, 'Frameworks for Reforming Indonesian Bankruptcy Law', Current Issues and Future Directions for Bankruptcy Reform in Indonesia: International & Comparative Perspectives, Jakarta, April 1999 Lindsey, T, 'Indonesian Labour Laws" Labour Law and Market Regulation in East Asia, University of Philippines, Manila, October 1999 Lindsey, T, 'Indonesian Law Reform' Legal Crisis? Japan and Asia, Asian Law Centre, The University of Melbourne, August 1999 Ramsay, I, 'Institutional Investors, Corporate Governance and the New International Financial Architecture', Challenges for the New International Architecture: Lessons for East Asia, Hong Kong, June 1999 Ramsay, I, 'Corporate Governance Reform: A Comparative Overview of the Legal, Commercial and Economic Debates', Australian Securities and Investments Commission Summer School, Melbourne, February 1999 Smith, M, 'Building an Asian Law Collection' IALL Course on International Law Librarianship, The University of Melbourne, September, 1999 Smith, M, 'Changing Regulatory Patterns in Japan - An Australian Perspective', International Symposium on Asian and Oceanian Law: Free Market and Legal Regulation, Waseda University, Tokyo, Japan, September 1999 Stapledon, G, 'Share Ownership and Control in Listed Australian Companies', Glasgow, 8 April 1999 Stapledon, G and Bates, J, 'Enhancing Efficiency in Corporate Governance: How Recognising the Nature of Modern Shareholding Can Lead to a Simplified Voting Process', Conference on Convergence and Diversity in Corporate Governance Regimes and Capital Markets, Eindhoven, The Netherlands, November 1999 Stapledon, G, 'Corporate Governance: How Does Australia Compare with the UK?', Faculty of Law Corporate Law Seminar, Cambridge, April 1999 Stapledon, G and Bates, J, 'Institutional Investors' Involvement in Corporate Governance: Developments in Australia and the UK', Brussels, April 1999 Stapledon, G, 'Ownership and Control of the Australian Share Market', Reinventing the Corporation, Sydney, November 1999 Stapledon, G, 'Prospectus Regulation and the Role of ASIC', Sydney, December 1999. MONOGRAPH SERIES IN CORPORATE LAW AND During 1999 the Centre published five monographs and research reports as part of its series in corporate law and securities regulation. These were: Vivien Goldwasser, Stock Market Manipulation and Short Selling (1999) (jointly published with CCH Australia) The recent Federal Court judgment in Australian Securities Commission v Nomura International plc has highlighted the importance of the regulation of stock market manipulation. In this judgment, Justice Sackville held that Nomura had engaged in trading which constituted stock market manipulation. Securities Commission Chairman Mr Alan Cameron has described the judgment as a "landmark decision...that helps establish the boundaries of acceptable trading strategies". The regulation of stock market manipulation and short selling is fundamental to the integrity of the securities markets. In this book Dr Goldwasser identifies the various techniques of stock market manipulation and short selling; outlines the history and rationale of regulation in this area; provides detailed analysis of the statutory regulation of short selling and stock market manipulation; and outlines the regulation of stock market manipulation not only in Australia but also in the United States, the United Kingdom, Canada and New Zealand. George Gilligan, Helen Bird and Ian Ramsay, Regulating Directors' Duties - How Effective are the Civil Penalty Sanctions in the Australian Corporations Law? (1999) The regulation of directors' duties in Australia was fundamentally reformed in 1993 with the introduction of civil penalties which substantially reduced the role of criminal law. The civil penalty provisions in the Corporations Law include the basic duties of directors and other officers of companies such as the duty to:
This Research Report examines how the Australian Securities and Investments Commission uses civil penalties as an enforcement tool against company directors. It identifies and critically evaluates the factors which impact upon ASIC enforcement decisions regarding civil penalties. Jeffrey Lawrence and Geof Stapledon, Do Independent Directors Add Value? (1999) This Research Report contains the results of two groups of studies involving the Top 100 companies listed on the Australian Stock Exchange. The first group of studies analyse whether board composition affects corporate performance. The second group of studies focus on whether independent directors have a positive influence in the area of Chief Executive Officer remuneration. The results suggest that, on average, independent directors do not add value - or destroy value - in either of these areas. The Report also:
Elizabeth Boros, The Online Corporation: Electronic Corporate Communications (1999) This Discussion Paper and questionnaire form part of a collaborative research project between the Centre for Corporate Law and Securities Regulation and the Australian Securities and Investments Commission (ASIC). Issues covered include:
Elizabeth Boros and the Australian Securities and Investments Commission, Multimedia Prospectuses and Other Offer Documents (1999) This Issues Paper forms part of a collaborative research project between the Centre for Corporate Law and Securities Regulation and the Australian Securities and Investments Commission (ASIC). The paper examines the possibility of including multimedia material in prospectuses and other offer documents. Previous monographs of the Centre are:
REVIEWS OF CENTRE FOR CORPORATE LAW MONOGRAPHS Monographs published by the Centre for Corporate Law and Securities Regulation have received positive reviews. Some extracts from these reviews are noted below. "A first-class review of the issues arising from deregulation of services with monopoly elements and provides a good fusion of the theory and its practical applications." Review of Deregulation of Public Utilities: Current Issues and Perspectives published in Agenda: A Journal of Policy Analysis and Reform "This book is essentially about how the economics of utilities affect asset valuation and in turn pricing. It's about how technology determines the structure of an industry and how that structure determines the regulatory methods and process...The issues presented in this publication are topical, with deregulation either in the process of being implemented or well underway in most States...The book is recommended especially for those in Government, in any of the utilities and accountants who serve them." Review of Deregulation of Public Utilities: Current Issues and Perspectives published in Australian CPA "This book will no doubt become a contemporary textbook in the study of corporate governance." Review of Corporate Governance and the Duties of Company Directors published in Australian Accountant "This book...includes interesting and thought-provoking material on issues which have been topical in the United Kingdom following the Law Commission's Consultative Paper on Company Directors: Regulating Conflicts of Interest and Formulating a Statement of Duties (1998) and other recent developments...The collection assembled by Professor Ian Ramsay is recommended reading for anyone who is interested in exploring these issues or in corporate governance more generally." Review of Corporate Governance and the Duties of Company Directors published in the International Company and Commercial Law Review "This book provides timely perspectives on the various issues surrounding the role of directors and of corporate law in enhancing corporate governance practices...It provides a useful snapshot of the current thinking regarding director liability, regulatory costs and different policy approaches. More importantly, it provides an impressive introduction for newcomers to this area of the law, whilst also prompting a re-evaluation by those familiar with the many policy skirmishes occurring within the confines of the corporate governance debate." Review of Corporate Governance and the Duties of Company Directors published in the Company and Securities Law Journal "This authoritative work discusses the duties of directors in Australia from a legal perspective. In his introduction the editor recognises that there are many definitions of corporate governance and explores why corporate governance has become an issue. In an original insight he also demonstrates the breadth of corporate governance far more fully than most authorities, by identifying the various mechanisms that play a role in corporate governance - viz directors' legal duties, the structure of the board, auditors, institutional investors, the threat of takeover, disclosure of corporate information, the capital markets, the labour market for managers and executive remuneration, directors' shareholdings, ownership concentration, corporate financial policy, shareholder voting and litigation, and intervention by regulators." Review of Corporate Governance and the Duties of Company Directors published in Corporate Governance: An International Review "If you have always sought clarification as to just what constitute corporate governance and succinct enlightenment as to the law defining directors' duties, then Corporate Governance and the Duties of Company Directors is the book for you...Thoughtful consideration has been extended to the issue of corporate governance...while the substantive law pertaining to directors' duties is admirably presented." Review of Corporate Governance and the Duties of Company Directors published in the Law Institute Journal "Pamela Hanrahan's book represents a substantial analysis of the Managed Investments Act 1998. It is a good introduction to the area for lawyers and practitioners in the area and has the benefit of containing additional materials for the more experienced practitioner...The book provides a good overview of the area, and a sound evaluation of relevant provisions under the law. Legal requirements relating to these schemes, the scope of relevant laws and the responsibilities of administrators and regulatory bodies have been thoroughly considered." Review of Managed Investments Law published in the Company and Securities Law Journal "This book by Pamela Hanrahan of Melbourne University explains the application of the new legislation and provides insight into its operation, providing case authority and background material...The book is well written and researched. It describes the legislation and processes concerning managed investments well, but is not limited to this. The various anomalies and potential problems which the legislation may cause are identified and analysed. The views of the author on many of the well hidden problems and applications of the Managed Investments Act are of great assistance...This book will provide a useful basis upon which any lawyer may proceed to explore the intricacies of managed investments legislation." Review of Managed Investments Law published in Proctor - Journal of the Queensland Law Society "This monograph provides commentary on the key legislation provisions and ASIC policy statements applicable to managed investment schemes...As an account and commentary on a particular area of financial regulation, the monograph is an invaluable resource for both legal practitioners and funds management professionals. Hanrahan's background knowledge and experience in the area is drawn upon to provide a useful account of the law as it currently stands. The timeliness of the work must also be praised, being published only four months after the enactment of the legislation." Review of Managed Investments Law published in the University of Tasmania Law Review "This is a useful book for both professionals and academics involved in the corporate and finance sectors. The number of recent cases in which the issue of authority has arisen in recent years...make this book a beneficial addition to the legal library." Review of The Authority of Agents and Officers to act for a Company: Legal Principles published in Current Commercial Law "This monograph is a valuable addition to the existing body of knowledge on this topic and I strongly recommend it to practitioners, teachers and students. It is clearly and precisely written and provides an excellent coverage of this difficult and extremely important topic." Review of The Authority of Agents and Officers to act for a Company: Legal Principles published in the Company and Securities Law Journal "[This book] is on a topical subject of interest to all who work in the corporate environment...It provides practical points for company officers, particularly those involved in lending" Review of The Authority of Agents and Officers to act for a Company published in the Commercial Law Quarterly "This book deserves to be read by all academics and practitioners with an interest in corporate law and shareholders' rights...It is a fascinating collection of papers by nine leading authorities evaluating the most significant practical and theoretical implications of the decision of the High Court in Gambotto v WCP Ltd." Review of Gambotto v WCP Ltd: Its Implications for Corporate Regulation published in the Company and Securities Law Journal The Faculty of Law at The University of Melbourne has a very strong graduate program in corporate law and securities regulation. The 18 subjects offered are:
A list of all the Faculty of Law's graduate subjects offered in 1999 is contained in Appendix A. At the undergraduate level, the following subjects are offered:
In addition, the Faculty is responsible for teaching the subject Corporate Law in the Faculty of Economics and Commerce. A feature of the graduate program in corporate law is the use of international corporate lawyers. These have included Professor Roberta Karmel who is a former Commissioner of the United States Securities and Exchange Commission; Professor Deborah DeMott of Duke University School of Law; Professor Douglas Branson of the University of Pittsburgh School of Law; Professor Dale Oesterle of the University of Colorado Law School; and Ms Cally Jordan of the World Bank. CORPORATE LAW ELECTRONIC BULLETIN In 1997 the Centre for Corporate Law and Securities Regulation commenced publishing the Corporate Law Electronic Bulletin. It has been established with the support of the Australian Securities and Investments Commission, the Australian Stock Exchange and leading national law firms. The monthly Bulletin includes the following:
There are approximately 2,000 subscribers to the Bulletin with readership estimated at well in excess of this number as the Bulletin is distributed widely within law firms, companies, regulators and government departments. Readers of this Annual Report who are interested in seeing previous issues of the monthly Bulletin can access them through the archive site on the Internet, the address of which is http://cclsr.law.unimelb.edu.au/bulletins/. Readers who wish to subscribe to the free Bulletin can do so by contacting the Centre Administrator at "cclsr@law.unimelb.edu.au". COMPETITIVE RESEARCH GRANTS OBTAINED This section identifies the competitive research grants obtained by members of the Centre. Grant Obtained in 1999 The Governance of Managed Investment Schemes Type of Grant Chief Researchers Funds received Project summary Grants Obtained in 1996-1998 Use and Operation of the Enforcement Regime Attracted by Contraventions of Directors' Duties in the Australian Corporations Law Type of Grant Chief Researchers Industry Partner Funds received Project summary Southeast Asian Laws in Transition: 1945-1995 Type of Grant Chief Researcher Funds received Project summary Reducing the Cost of Capital Raising: An Empirical Analysis of ASIC Modifications of the Fundraising Provisions of the Corporations Law Type of Grant Chief Researcher Funds received Project summary The Costs of Corporate Litigation Type of Grant Chief Researchers Funds received Project summary Electronic Prospectuses: Devising an Appropriate Regulatory Regime Type of Grant Chief Researchers Industry Partner Funds received Project summary Corporate Disclosure: An Analysis of the Role of Prospectuses in Capital Raising in Australia and New Zealand Type of Grant Chief Researchers Funds received Project summary The Impact of Institutional Investors on Capital Markets and Corporate Performance Type of Grant Chief Researchers Industry Partner Funds received Project summary Directors' Misconduct Decriminalised: Are the "Civil" Sanctions in the Corporations Law Effective? Type of Grant Chief Researchers Funds received Project summary Using Electronic Commerce to Authorise Electronic Transactions: Changes Required to the Legal and Regulatory Framework Type of Grant Chief Researcher Funds received Project summary The Role of Institutional Investors in Corporate Governance and the Influence of Corporate Law on this Role Type of Grant Chief Researchers Funds received Project summary The Use and Operation of Management Banning Orders as Enforcement Tools Under the Corporations Law Type of Grant Chief Researcher Funds received Project summary Compulsory Acquisition of Minority Shareholdings Type of Grant Chief Researcher Funds received Project summary The Legal Implications of the Relative Performance of Publicly Listed Australian Companies With and Without a Controlling Shareholder Type of Grant Chief Researcher Funds received Project summary Analysis of Victorian Legal Signature and Writing Requirements for Compatibility With the Proposed Electronic Commerce Framework Act Type of Grant Chief Researcher Associate Professor Mark Sneddon Funds received Project summary Remedies for Directors' Improper Use of Position Type of Grant Chief Researcher Funds received Project summary Women and Commerce Type of Grant Chief Researcher Funds received Project summary This section identifies the supervision of graduate students undertaken by members of the Centre in 1999. PhD
SJD
Master of Laws
THE CENTRE AS A PUBLIC RESOURCE The Centre makes its knowledge and expertise available as a public resource in a number of ways including providing interviews and information to the media, responding to requests for information, and writing submissions on matters of law reform. Submissions During 1999 members of the Centre were responsible for drafting a number of submissions relating to corporate law reform either in a personal capacity or on behalf of organisations such as the Australian Institute of Company Directors. Some of these submissions included:
Requests for information During 1999 members of the Centre provided information on Australian corporate law to a number of overseas academics, securities commissions and law reform commissions. Media During the course of the year members of the Centre gave a number of interviews to newspaper journalists and radio journalists. Some of the newspaper articles published in 1999 which reported on the research of the Centre included: (i)Media coverage of Centre Research Reports Multimedia Prospectuses and Other Offer Documents
Do Independent Directors Add Value?
Regulating Directors' Duties - How Effective are the Civil Penalty Sanctions in the Australian Corporations Law?
(ii)Media commentary on other research by Centre members Research study on disclosure of directors' share trading by Dr Tom Harris and Professor Ian Ramsay
Research study on compulsory acquisition of minority shareholdings by Dr Elizabeth Boros
(iii)Centre member's comments in the media on current issues Insider trading
Corporate governance
GIO class action
Establishment of Centre for Corporate Law's corporate law judgments website
Esso class action ABC Radio National, PM Program, 2 May 1999, interview with Professor Ian Ramsay 1999 FACULTY OF LAW GRADUATE SUBJECTS Advanced Civil Procedure 1999 FACULTY OF LAW PUBLICATIONS Books Baxt, R, Fletcher, K and Fridman, S, Cases and Materials on Corporations and Associations (8th edition), Butterworths, Sydney (1999) Bird, H and Woodward, S, Corporations Law Workbook (4th edition), LBC Information Services Company, Sydney (1999) Cooper, G, Vann, R and Krever, R, Income Taxation Commentary and Materials, ATP, Sydney (1999) Davies, M, Torts (3rd edition) Butterworths, Sydney (1999) Ellinghaus, M, The High Court of Australia on Contract, Code Press, Melbourne (1999) Hanrahan, P, Managed Investments Law and Practice, CCH Australia Ltd, Sydney (1999) Hassall, G and Saunders, C (eds), 1997 Asia-Pacific Constitutional Yearbook, Centre for Comparative Constitutional Studies, Melbourne (1999) Lindsey, T (ed), Indonesia: Law and Society, Federation Press, Sydney (1999) Lindsey, T (ed), Prospects for Reform in Post-Soeharto Indonesia, CAPI, Victoria, BC (1999) McCormack, T and Durham, H (eds), The Changing Face of Conflict and the Efficacy of International Humanitarian Law, Martinus Hijhoff, The Hague (1999) Mitchell, R and Deery, S (eds), Employment Relations: Individualisation and Union Exclusion, Federation Press, Sydney (1999) Patmore, G and Glover, D (eds), New Voices for Social Democracy: Labor Essays 1999-2000, Pluto Press, Sydney (1999) Ramsay, I, Ford, H and Austin, R, Ford's Principles of Corporations Law (9th edition), Butterworths, Sydney (1999) Richardson, M and Hadfield, G (eds), The Second Wave of Law and Economics, Federation Press, Sydney (1999) Walker, S, Media Law Commentary and Materials, LBC Information Services, Sydney (1999) Research Reports Boros, E, Multimedia Prospectuses and Other Offer Documents, Centre for Corporate Law and Securities Regulation and Australian Securities and Investments Commission, Melbourne (1999) Boros, E, The Online Corporation; Electronic Corporate Communicatons, Centre for Corporate Law and Securities Regulation, Melbourne (1999) Buckley, K, Brute Force 2: The Continuing Need for Affrirmative Action in the Victorian Police Force, Fitzroy Legal Service, Melbourne (1999) Chapman, A and Mason, G, Complaints of Homosexuality Discrimination and Vilification: A Profile of Conciliation Under the NSW Anti-Discrimination Act and Women Complainants, NSW Anti-Discrimination Board, Melbourne (1999) Curran, L, Occasional Paper No 7 - Broadening the Debate Around Constitutional Reform: Some Ideas for Discussion and Reflection, Catholic Commission for Justice, Development and Peace, Melbourne (1999) Curran, L, Occasional Paper No 6 - Safeguarding the Public Interest in the Delivery of Public Services by Private Operations, Catholic Commission for Justice, Development and Peace, Melbourne (1999) Lawrence, J and Stapledon, G, Do Independent Directors Add Value? Centre for Corporate Law and Securities Regulation, University of Melbourne, Melbourne (1999) Mitchell, R, Robertson, I and Shorten, A, Law and Policy in Vocational Education and Training: A Contemporary Survey, National Centre for Vocational Education Research, Adelaide (1999) Palmer, A, Issues Paper Submission - Inquiry into the Right to Silence, Scrutiny of Acts and Regulations Committee, Melbourne (1999) Ramsay, I, Gilligan, G and Bird, H, Regulating Director's Duties - How Effective are the Civil Penalty Sanctions in the Australian Corporations Law?, Centre for Corporate Law and Securities Regulation, University of Melbourne, Melbourne (1999) Tilbury, M, Contribution Between Persons Liable for the Same Damages, NSW Law Reform Commission, Sydney (1999) Tilbury, M, Uniform Succession Laws: Administration of Estates of Deceased Persons, NSW Law Reform Commission, Sydney (1999) Triggs, G, Legal Issues for Nations in Transition to Market Economies: the Shrimp Case, Asian Development Bank, (1999) Chapters in Books Brennan, D, 'Simplification, Circumvention and Fair Dealing' in A Fitzgerald, B Fitzgerald, C Cifuentes and P Cook (eds), Going Digital 2000, Prospect Media, Sydney (1999) Cooney, S, 'A Community Changes: Taiwan's Council of Grand Justices and Liberal Democratic Reform' in K Jayasuriya (ed) Law, Capitalism and Power in Asia, Routledge, London (1999) Davies, M, 'Australia' in A von Ziegler, J Ronøe, C Debattista and O Plégat-Kerrault (eds), Transfer of Ownership in International Trade, Kluwer Law International and ICC Publishing SA, The Hague Paris, 1999 Durham, H, 'International Criminal Law and the Ad Hoc Tribunals' in T McCormack and H Durham (eds), The Changing Face of Conflict and the Efficacy of International Humanitarian Law, Martinus Nijhoff, The Hague (1999) Fehring, I, 'Unionism and Workers' Rights in Indonesia' in T Lindsey (ed) Indonesia: Law and Society, Federation Press, Sydney (1999) Hassall, G, 'Citizenship in the Asia-Pacific: A Survey of Contemporary Issues' in A Davidson and K Weekley (eds), Globalisation and Citizenship in the Asia-Pacific, Macmillan, Houndsmills (1999) Hassall, G and Singin, S, 'Globalisation and Citizenship in the Asia-Pacific' in A Davidson and K Weekley (eds), Globalism and Citizenship, Macmillan, Houndsmills (1999) Haverfield, R, 'Hak Ulayat and the State: Land Reform in Indonesia' in T Lindsey (ed) Indonesia: Law and Society, Federation Press, Sydney (1999) Holland, P, 'Regional Government and Central Authority in Indonesia' in T Lindsey (ed) Indonesia: Law and Society, Federation Press, Sydney (1999) Hunter, R, 'Equality and Inequality in Australia' in G Patmore and D Glover (eds), New Voices for Social Democracy: Labor Essays 1999-2000, Pluto Press, Sydney (1999) Hunter, R, 'Having Her Day in Court? Violence, Legal Remedies and Consent' in J Breckenridge and L Laing (eds), Challenging Silence: Innovative Responses to Sexual and Domestic Violence, Allen & Unwin, Sydney (1999) Lindell, G, 'Scope of the Commonwealth's Environmental Powers and Responsibilities' in P Leadbetter, N Cunninham and B Boer (eds), Environmental Outlook No 3 Law and Policy, Federation Press, 1999 Lindsey, T, 'Corruption as Rational Response in the ASPAL State: The Failure of Reformasi Hukum' in Lindsey, T and Duncan D, (eds), in Prospects for reform in Post-Soeharto Indonesia, CAPI, Victoria, BC (1999) Lindsey, T, 'An Overview of Indonesian Law' in T Lindsey (ed) Indonesia: Law and Society, Federation Press, Sydney (1999) Lindsey, T, 'From Rule of Law to Law of the Rulers - to Reformation?' in T Lindsey (ed) Indonesia: Law and Society, Federation Press, Sydney (1999) Lindsey, T, 'Indonesia: Reinventing a Legal System - Too Much, Too Little, Too Late' in A Tay (ed) East Asia - Nation Building, Human Rights and Trade, Normas Verlaggesellchaft, Baden-Baden (1999) Lindsey, T, 'Indonesia's Negara Hukum: Walking the Tightrope to the Rule of Law' in D Kingsbury and A Budiman (eds), Democracy in Indonesia: The crisis and Beyond, Monash Asia Institute/ CSEAS, Clayton (1999) Lindsey, T, 'Unifying a Plural System or Remaking the Rule of Law: A Question of Priorities for Indonesia' in Y Morigiwa (ed) Law and Philosophy in Metamorphosing Asia, Kobe University, Japan (1999) McCormack, T and Matthews, R, 'The Relationship Between International Humanitarian Law and Arms Control' in McCormack T and H Durham (eds), The Changing Face of Conflict and the Efficacy of International Humanitarian Law, Martinus Nijhoff, The Hague (1999) Mitchell, R and Deery, S, 'The Emergence of Individualisation and Union Exclusion as an Employment Relations Strategy' in Employment Relations: Individualisation and Union Exclusion, Federation Press, Sydney (1999) Nicholson, P, 'Vietnamese Legal Institutions in Comparative Perspective: Contemporary Constitutions and Courts Considered' in K Jayasuriya (ed) Law, Capitalism and Power in Asia, Routledge, London (1999) Nicholson, P, 'Vietnamese Institutions in Comparative Perspective: Constitutions and Courts Considered' in K Jayasuriya (ed), Law, Capitalism and Power in Asia, Routledge, London (1999) Nicholson, P, 'Vietnam' in G Hassel and C Saunders (eds), 1997 Asia Pacific Constitutional Yearbook, Centre for Comparative Constitutional Studies, Melbourne (1999) O'Donnell, A, 'Redistribution and Risk in the Australian Welfare State' in G Patmore and D Glover (eds), New Voices for Social Democracy: Labor Essays 1999-2000, Pluto Press, Sydney (1999) Orford, A, 'Contesting Globalisation: A Feminist Perspective on the Future of Human Rights' in B Weston and S Marks (eds), The Future of International Human Rights, Transnational Publishers, New York (1999) Otto, D, 'Whose Security? Reimagining Post-Cold War Peacekeeping from a Feminist Perspective' in R G Patman (ed) Security in a Post-Cold War World, Macmillan Press/St Martin Press, London/New York (1999) Otto, D, 'A Post-Beijing Reflection on the Limitations and Potential of Human Rights Discourse for Women' in K D Askin and D M Koenig (eds), Women and International Human Rights Law, Transnational Publishers, New York (1999) Otto, D, 'Subalternity and International Law: the Problems of Global Community and the Incommensurability of Difference' in E D Smith and P Fitzpatrick (eds), Laws of the Postcolonial, University of Michigan Press, Michigan (1999) Patmore, G, 'Introduction' in G Patmore and D Glover (eds), New Voices for Social Democracy: Labor Essays 1999-2000, Pluto Press, Sydney (1999) Patmore, G, 'Creating the Participatory Society: Workplace Democracy for Australia?' in G Patmore and D Glover (eds), New Voices for Social Democracy: Labor Essays 1999-2000, Pluto Press, Sydney (1999) Reinhardt, G and De Fina, Y, 'Procedural and Practical Reform: Consequences for the Practice of Law' in C Sampford, Blencowe, S & Condlin, S (ed) Educating Lawyers for a Less Adversarial System, Federation Press, Sydney (1999) Richardson, M, 'The Second Wave in Context' in M Richardson and G Hadfield (eds), The Second Wave of Law and Economics, Federation Press, Sydney (1999) Richardson, M and Sgro, J, 'Game Theory and Remedies for Breach of a Government Tender Contract' in M Richardson and G Hadfield (eds), The Second Wave of Law and Economics, Federation Press, Sydney (1999) Richardson, M, 'Perspectives on Joint and Several Tortfeasors and Liability for Economic Loss' in M Richardson and G Hadfield (eds), The Second Wave of Law and Economics, Federation Press, Sydney (1999) Robertson, A, 'Reasonableness in Commercial Dealings' in A Mugasha (ed) Perspectives on Commercial Law, Prospect Media, Sydney (1999) Rubenstein, K, 'What does Australian Citizenship Mean Today?' in Chesterman, J, and Galligan, B, (eds) Defining Australian Citizenship: Selected Documents, Melbourne University Press (1999) Saunders, C, 'La Separation des Pouvoirs: Montesquieu en Australie' in P Fraisserix (ed) Droit Constitutionnel: Melanges en L'honneur de Patrice Gelard, Montchrestien, Paris (1999) Saunders, C, 'Federalism and Society in the Twentieth Century' in J Kramer and H Schneider (eds), Federalism and Civil Society edition), Normas Verlagsgesellschaft, Baden-Baden (1999) Skene, L, 'Why Legislate on Assisted Reproduction?' in I Freckleton and K Peterson (eds), Controversies in Health Law, Federation Press, Melbourne (1999) Taylor, V, 'The Transformation of Indonesian Commercial Contracts and Legal Advisors' in T Lindsey (ed) Indonesia: Law and Society, Federation Press, Sydney (1999) Tehan, M and Williams, P, 'Mabo and Inalienable Rights to Property: Efficiency and Justice' in M Richardson and G Hadfield (eds), The Second Wave of Law and Economics, Federation Press, Sydney (1999) Triggs, G, 'National Prosecutions of War Crimes and the Rule of Law' in McCormack T and H Durham (eds), The Changing Face of Conflict and the Efficacy of International Humanitarian Law, Martinus Nijhoff, The Hague (1999) Vranken, M, 'Citizenship and the Law of the European Union' in L Holmes and P Murray (eds), Citizenship and Identity in Europe, Ashgate Publishing, London (1999) Waugh, J, 'The Kennett Government and the Constitution: No Change?' in B Costar and N Economou (eds), The Kennett Revolution, University of Sydney, Sydney (1999) JOURNAL ARTICLES AND OTHER CONTRIBUTIONS Refereed Journal Articles Bhuta, N and Popkin, M, 'Latin American Amnesties in Comparative Perspective: Can the Past be Buried?' (1999) 13 Ethics & International Affairs 99-122 Bhuta, N, 'Justice Without Borders? Prosecuting General Pinochet' (1999) 23 Melbourne University Law Review 499-532 Biddulph, S, and Cook, S, 'Kidnapping and Selling Women and Children: The State's Construction and Response' (1999) 5 Violence Against Women 1437-1468 Bryan, M, 'The Receipt-Based Constructive Trust: A Case Study of Personal and Proprietary Restitution in the Supreme Court' (1999) 3 Alberta Law Review 73-94 Bryan, M, 'Setting Aside Guarantees: Reviving an Old Equity' (1999) 1999 Lloyd's Maritime and Commercial Law Quarterly 327-333 Chapman, A and Mason, G, 'Women, Sexual Preference and Discrimination Law: A Case Study of the NSW Jurisdiction' (1999) 21 Sydney Law Review 525-566 Christie, A and Pila, J, 'The Literary Work Within Copyright Law: An Analysis of its Present and Future Status' (1999) 13 Intellectual Property Law Journal 133-177 Christie, A, Syme, S, Jin Ling and Wu Zheng 'Recent Developments on Patenting Algorithm and Computer Software in Australia' (1999) Zhuan Li Fa Jui 247-271 Clarke, T, 'Ng Ka Ling v Director of Immigration: Tsui Kuen Nang v Director of Immigration; Director of Immigration v Cheung Lai Wah' (1999) 23 Melbourne University Law Review 773-794 Cooney, S, 'Testing Times for the ILO: Institutional Reform for the New International Political Economy' (1999) 20 Comparative Labor Law and Policy Journal 365- 399 Cooney, S and Wang, T S, "The Impact of Modern Western Law on the Chinese in Taiwan" (1999) 1 Australian Journal of Asian Law 194- 200 (translation and comments of Chinese original by Wang, T S) Cooper, G and Vann, R, 'Implementing the Goods and Services Tax' (1999) 21 Sydney Law Review 337-436 Davies, M, 'Application of The Hague Rules' "perils of the sea" defense in Australia: The Bunga Serojoa' (1999) 23 Tulane Maritime Law Journal 449-464 Doherty, K and McKormack, T, "'Complimentarity' as a Catalyst for Comprehensive Domestic Penal Legislation" (1999) 5 University of California Davis Journal of International Law and Policy 147- 180 Edwards, J, 'Negotiating Parties and Equitable Estoppel: Is there a Duty of Good Faith?' (1999) 27 Australian Business Law Review 300-318 Evans, S, 'Floating Charges, Preferences and the Nature of Property' (1999) 13 (4) Commercial Law Quarterly 3-8 Evans, S, 'Property Offences: Property Belonging to Another-Cheques (1999) 23 Criminal Law Journal 300-304 Evans, S, 'Rethinking Tracing and the Law of Restitution' (1999) 115 Law Quarterly Review 469-505 Fehlberg, B, 'Australian Law and Surety Wives: Garcia v National Australia Bank Limited' (1999) 15 Banking and Finance Law Review 161-171 Fehlberg, B and Smyth, B, 'Binding Pre-Nuptial Agreements: Will They Help?' (1999) 53 Family Matters 55-58 Hanrahan, P, 'Managed Investment Schemes: The Position of Directors under Chapter 5C of the Corporations Law' (1999) 17 Company and Securities Law Journal 67-84 Hassall, G, 'The 1998 Cambodian Election: The Quest for Representative Democracy, Constitutionalism and Civil Society' (1999) 1 Australian Journal of Asian Law 55-79 Hunter, R and Stubbs, J, 'Model Laws or Missed Opportunity? Recent Proposals Concerning Domestic Violence Law Reform' (1999) 24 (1) Alternative Law Journal 12-16 Hunter, R and McKelvie, H, 'Gender and Legal Practice' (1999) 24 (2) Alternative Law Journal 57-61 Kenyon, A, 'The Artist Fiduciary - Australian Aboriginal Art and Copyright' (1999) 10 (2) Entertainment Law Review 42-49 Kenyon, A, 'Fair News - British Television Content Regulation and Australian Debates' (1999) 4 (1) Media and Arts Law Review 1-25 Kenyon, A, 'Pleading Defamatory Meaning, Fair Report Defences and Damages: Chakravarti in the High Court' (1999) 7 Torts Law Journal 9-22 Lanham, D, 'Australian Perspectives on Crimes with Diminished Fault Elements' (1999) 5 Global Journal of Crime and Criminal Law 91-107 Lanham, D, 'A Tale of Two Attempt Laws' (1999) 5 (1) Global Journal of Crime and Criminal Law 109-129 Lanham, D, 'Danger Down Under' (1999) Criminal Law Review 960-969 Lanham, D, 'Injury, Consent and Public Policy' (1999) 5 (1) Global Journal of Crime and Criminal Law 7-18 Lanham, D, 'Another Look at Vicarious Liability' (1999) 5 (2) Global Journal of Crime and Criminal Law 8-17 Lanham, D, 'Criminal Liability of Corporations' (1999) 5 (2) Global Journal of Crime and Criminal Law 19-46 Lindell, G, 'Parliamentary Appropriations and the Funding of the Federal Government's Pre-Election Advertising in 1998' (1999) 2 Constitutional Law and Policy Review 21-27 Mathews, R and McCormack, T, 'The Influence of Humanitarian Principles in the Negotiation of Arms Control Treaties' (1999) 81 International Review of the Red Cross 331-352 McCormack, T and Robertson, S, 'Jurisdictional Aspects of the Rome Statute for the International Criminal Court' (1999) 23 Melbourne University Law Review 635-667 McCormack, T and Simpson, G, 'Simulating Multilateral Treaty Making in the Teaching of International Law' (1999) 10 Legal Education Review 61-82 McLennan, M, 'The Statutory Power of the Commission of Taxation and the Common Law Doctrine of Legal Professional Privilege' (1999) 28 Australian Tax Review 139-163 Mitchell, R and Howe, J, 'The Evolution of the Contract of Employment in Australia: A Discussion' (1999) 12 Australian Journal of Labour Law 113-130 Mitchell, A, 'Leave Your Hat On? Head of State Immunity and Pinochet' (1999) 25 Monash University Law Review 225-256 Morgan, J and Graycar, R, 'A Quarter Century of Feminism in the Law: Back to the Future' (1999) 24 (3) Alternative Law Journal 117-120 Noakes, D, 'Dogs on the Wharves: Corporate Groups and the Waterfront Dispute' (1999) 11 Australian Journal of Corporate Law 27-62 Obendorf, S, 'Homosexual Rights and the Non-Western World: A Postcolonial Reading of Homosexual Rights in International Human Rights' (1999) 1998-99 Third World Legal Studies 179-204 Opie, H and Magnusson, R, 'Patient Access to Medical Records: Fiduciary Duties and Other Issues - A Classroom Interactive' (1999) 17 University of Tasmania Law Review 99-133 Orford, A, ' Embodying Internationalism: The Making of International Lawyers (1998) 19 Australian Year Book of International Law 1-34 Orford, A, 'Muscular Humanitarianism: Reading the Narratives of the New Interventionism' (1999) 10 European Journal of International Law 679-711 Otto, D, 'Everything is Dangerous: Some Poststructural Tools for Rethinking the Universal Knowledge Claims of Human Rights Law' (1999) 5 Australian Journal of Human Rights 17-47 Otto, D, 'Sexualities and Solidarities: Some Thoughts on Coalitional Strategies in the Context of International Law' (1999) 8 Australian Gay and Lesbian Law Journal 27-38 Patmore, G, 'Moving Towards a Substantive Conception of the Anti-Discrimination Principle: Waters v Public Transport Corporation of Victoria Reconsidered' (1999) 23 Melbourne University Law Review 121-143 Patmore, G and Harding, M, 'Book Review: Human Rights Under the Australian Constitution by George Williams' (1999) 23 Melbourne University Law Review 817-843 Ramsay, I, Stapledon, G and Fong, K, 'Affixing of the Company Seal and the Effect of the Statutory Assumption in the Corporations Law' (1999) 10 Journal of Banking and Finance Law and Practice 38-53 Ramsay, I, Gilligan, G and Bird, H, 'Civil Penalties and the Enforcement of Directors' Duties' (1999) 22 University of New South Wales Law Journal 1-44 Ramsay, I, 'Directors' Duties in Australia: Recent Developments and Enforcement Issues' (1999) 3 Company, Financial and Insolvency Law Review 260-285 Ramsay, I, 'Allocating Liability in Corporate Groups: An Australian Perspective' (1999) 13 Connecticut Journal of International Law 329-377 Ramsay, I, 'An Empirical Study of the Use of the Oppression Remedy' (1999) 27 Australian Business Law Review 23-37 Robertson, A, 'The Failure of Economic Analysis of Promissory Estoppel' (1999) 15 Journal of Contract Law 69-80 Robertson, A, 'Estoppel by Conduct: Unresolved Issues at Common Law and in Equity' (1999) 7 National Law Review http://www.nlr.com.au/main.htm Saunders, C, 'In the Shadow of Wakim' (1999) 17 Company and Securities Law Journal 507-517 Saunders, C, 'Religion and Constitutional Rights' (1999) 21 Cardozo Law Review 101-107 Saunders, C, 'Legacies of Luck: Australia's Constitution and National Identity in the 1990s' (1999) 15 South African Journal on Human Rights 328-350 Skene, L, 'The Regulation of Medical Research' (1999) 7 Journal of Law and Medicine 170-175 Skene, L, 'An Overview of Assisted Reproductive Technology (ART) in Australia and New Zealand' (1999) 1 Texas International Law Journal 1-19 Skene, L, 'Organ Transplants and Blood Transfusions in Australia' (1999) 3 (3) Annals of Transplantation 46-53 Smith, M, 'Consumer Contracts and Uncoscionability (1999) 6 ICCLP Publications 11-18 Stapledon, G, 'Share Ownership and Control in Listed Australian Companies' (1999) 2 (3) Corporate Governance International 17-32 Stapledon, G, 'Company Law Reform: Producing a User-Friendly Statute' (1999) 3 Company Financial and Insolvency Law Review 114-118 Taylor, V, Consuming Contracts: the Australian Paradigm' (1999) 6 ICCLP Publications 19-26 Tham, J C, 'The MUA Cases' (1999) 25 Monash University Law Review 181-202 Tham, J C, 'Take It or Leave It: AWAs - A Question of Duress' (1999) 12 Australian Journal of Labour Law 142 Triggs, G, 'Australia's Indigenous Peoples and International Law: Validity of the Native Title Amendment Act 1998 (Cth)' (1999) 23 Melbourne University Law Review 372-415 Voon, T, 'Multinational Enterprises and State Sovereignty under International Law' (1999) 21 Adelaide Law Review 219-252 Vranken, M, 'The Role of Specialist Labour Courts in an Environment of Substantive Labour Law Deregulation: A New Zealand case study' (1999) 15 The International Journal of Comparative Labour Law and Industrial Relations 303-327 Vranken, M, 'Judicial Appointments in Belgium and the Aftermath of the Dutroux Affair' (1999) 9 Journal of Judicial Administration 70-80 Vranken, M, 'The Relevance of Civil Law Doctrines in Australian Courts' (1999) 22 University of NSW Law Journal 1-18 Walker, K, 'International Human Rights Law and Sexuality: Strategies for Domestic Litigation' (1999) 3 New York City Law Review 115-131 Walker, S, 'The Courts, Parliamentary Privilege and the Media' (1999) 1 University of Technology Sydney Law Review 82-97 Warne, S, 'In Search of the Rationale for the Co-Insured Sub-Contractor's Immunity from Subrogated Actions in Contractors' All-Risk' (1999) 10 Insurance Law Journal 262-294 Winckel, A, 'The Contextual Role of a Preamble in Statutory Interpretation' (1999) 23 Melbourne University Law Review 184-210 Winckel, A, 'Almighty God in the Preamble' (1999) 4 The New Federalist 78-83 Woodland, B, 'Sterilisation of Young Women with Intellectual Disabilities: 'Best Interests' and the 'Proper' Woman in Legal Analysis' (1999) 7 (7) Women Against Violence: An Australian Feminist Journal 20-31 Woodward, S, 'Not for Profit Companies - Some Implications of Recent Corporate Law Reforms' (1999) 17 Company and Securities Law Journal 390-405 Young, M, 'The Primacy of Development: Environmental Impact Assessment in Indonesia and Australia' (1999) 1 Australian Journal of Asian Law 154-193 Young, K, 'The Implementation of International Law in the Domestic Laws of Germany and Australia' (1999) 21 Adelaide Law Review 177-208 Article in an unrefereed journal (including articles in professional journals) Cooper, G and Vann, R, 'Report of Australia's Business Tax Review' (1999) 14 Tax Notes International 1258-1270 Cooper, G, 'Senate Report into GST Holds No Surprises' (1999) 18 Tax Notes International 1744-1746 Kenyon, A, 'Defamation and Satire: Hanson v Australian Broadcasting Commission' (1999) 2 Media Law Group Newsletter 1-5 Kenyon, A, 'Copyright and Museums' (1999) February 1999 Insite - Newsletter of Museums Australia 9 Mitchell, R and Forsyth, A, 'Trends in Labour Law Studies in Australia' (1999) 4 (1) Monthly Journal of the Japan Institute of Labour 120-131 Otto, D, 'Cairo +5: Forward Looking, But at What Cost?' (1999) 8 Human Rights Defender 9-11; (1999) International Law News 38- 42 Raff, M, 'Australian Legal Challenges in the 21st Century - an Environmental Role for Civil Law in the Australian Federal Republic' (1999) 1999 (3) Purely Dicta 9-12 Skene, L, 'DNA to dollars: The Commercialisation of DNA Research- Ethical, legal and policy issues' (1999) 6 Journal of Law and Medicine 233- 240 Skene, L, Bruinsma, F, Venn, A, 'Legal and ethical issues in record-linkage studies' (1996) 6 Australian Epidemiologist 15- 17 Taylor, V, Miki, K, Ikeda, T, Suzuki, M, Arga, M, 'Can We Use the Australian Model?: Legal Practice in the 21st Century' (1999) 1003 Law Report Times 17-48 Winckel, A, 'The Politics of the Preamble' (1999) 64 Zadok Perspectives 8-11 Woodward, S, 'Dust off your constitution!' article in Noticeboard, Newsletter of the Victorian Council of Social Service (February 2000) and then reprinted (with permission) in Community Houses Newsletter Letter or note Boros, E, 'Disclosure of Information on Company Websites' (1999) 17 Company and Securities Law Journal 522-527 Bryan, M, 'Book Review: 'Restitution Past, Present and Future: Essays in Honour of Gareth Jones'' (1999) 21 Adelaide Law Review 151-156 Bryan, M, 'Book Review: 'The Law of Trusts and Equitable Obligations' 2nd Ed, by Robert Pearce & John Stevens' (1999) 13 Tolley's Trust Law International 70-72 Chapman, A, 'Industrial Legislation in 1998' (1999) 41 Journal of Industrial Relations 72-79 Cooney, S, 'Book Review: Globalisation, Human Rights and Labour Law in Pacific Asia' (1999) 12 Australian Journal of Labour Law 158-163 Kenyon, A, 'Resale Rights - Not Yet for the European Union' (1999) 8 (1) Museum National 23 Kenyon, A, 'Copyright Reforms' (1999) 8 (2) Museum National 23 Kenyon, A, 'Museums and Law' (1999) 7 (4) Museum National 23 Kenyon, A, 'Editorial' (1999) 4 (1) Media and Arts Law Review 3 Kenyon, A, 'Art and War' (1999) 4 (2) Media and Arts Law Review 63-64 Mitchell, R, 'Book Review of D Nolan (ed) 'The Australasian Labour Law Reforms: Australia and New Zealand at the End of the Twentieth Century'.' (1999) 12 Australian Journal of Labour Law 69-72 Opie, H, 'From the Sideline - A Message from the President' (1999) 8 (1) Australian and New Zealand Sports Law Association Newsletter 2 Opie, H, 'Polish Sports Law' (1999) 8 (1) Australian and New Zealand Sports Law Association Newsletter 12 Opie, H, 'Conference Report: International Symposium on Sports Law' (1999) 8 (1) Australian and New Zealand Sports Law Association Newsletter 13 Opie, H, 'Personality Profile: Brian Ward' (1999) 8 (1) Australian and New Zealand Sports Law Association Newsletter 15-16 Opie, H, 'Newsletter Index for Volumes 7-8' (1999) 7 & 8 Australian and New Zealand Sports Law Association Newsletter Opie, H, 'MCG Trust Restructure' (1999) 8 (4) Australian and New Zealand Sports Law Association Newsletter 3 Opie, H, 'Disclaimer Ineffective at Go-Kart Track' (1999) 8 (4) Australian and New Zealand Sports Law Association Newsletter 7 Opie, H, 'Lack of Warning did not Cause Ski Accident' (1999) 8 (4) Australian and New Zealand Sports Law Association Newsletter 7 Opie, H, 'Player Transfer Rules: Restriction, but No Market/No Unreasonableness' (1999) 8 (4) Australian and New Zealand Sports Law Association Newsletter 7 Opie, H, 'Book Review: Craig Richards, 'Structuring Effective Sponsorships'' (1999) 23 (1) Melbourne University Law Review 257-261 Otto, D, 'Book Review: George Williams' Human Rights Under the Australian Constitution' Oxford University Press Australia (1999) 21 Adelaide Law Review 139-150 Ramsay, I, 'Managing Disability: Who Can Be a Director?' (1999) 4 Interaction 9-12 Ramsay, I, Gilligan, G and Bird, H, 'The Efficacy of Civil Penalty Sanctions under the Australian Corporations Law' (1999) 136 Trends and Current Issues in Crime and Criminal Justice 1-6 Reinhardt, G, 'Casenote - Pacific Dunlop Ltd v Swinbank' (1999) 14 (2) Australian Insurance Law Bulletin 18-20 Reinhardt, G, 'Casenote - Farquarson Pty Ltd v FAI General Insurance Co Ltd' (1999) 14 (3) Australian Insurance Law Bulletin 25-26 Reinhardt, G, 'Casenote - Tatterson v Wirtanen' (1999) 14 (3) Australian Insurance Law Bulletin 26-27 Reinhardt, G, 'Casenote - Victorian Workcover Authority v Esso Australia Ltd' (1999) 14 (3) Australian Insurance Law Bulletin 25 Reinhardt, G, 'Casenote - Akai Pty Ltd v People's Insurance Co Ltd Revised' (1999) 14 (5) Australian Insurance Law Bulletin 47 Reinhardt, G, 'Professional Liability - What Constitutes a 'Firm'?' (1999) 14 (6) Australian Insurance Law Bulletin 57 Reinhardt, G, 'Casenote - NSW FAI General Insurance Ltd v Jarvis & Ors' (1999) 14 (6) Australian Insurance Law Bulletin 60 Reinhardt, G, 'Casenote - Hansen Development Pty Ltd v MMI Ltd & Anor' (1999) 14 (6) Australian Insurance Law Bulletin 61 Reinhardt, G, 'Casenote - Nilsen Electric (SA) Pty Ltd v Mitsubishi Motors Australia Ltd' (1999) 14 (6) Australian Insurance Law Bulletin 63 Reinhardt, G, 'Casenote - Harpley v QBE Insurance Ltd' (1999) 14 (7) Australian Insurance Law Bulletin 71 Reinhardt, G, 'Casenote - Lopez v Star World Enterprises Pty Ltd' (1999) 14 (7) Australian Insurance Law Bulletin 72 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (1) Law Institute Journal 74-75 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (3) Law Institute Journal 92-93 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (4) Law Institute Journal 94-95 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (5) Law Institute Journal 91-92 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (6) Law Institute Journal 102-103 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (8) Law Institute Journal 90-91 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (9) Law Institute Journal 90-91 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (10) Law Institute Journal 90-91 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (11) Law Institute Journal 93 Reinhardt, G, 'Courts and Tribunals - Supreme Court Judgments' (1999) 73 (12) Law Institute Journal 108-109 Reinhardt, G, 'Casenote - Should a judicial officer be automatically disqualified where they hold shares in a corporation which is party to, or interested in the outcome of, the litigation? Clenae Pty Ltd. v New Zealand Banking Group Ltd. (unreported, Victorian Court of Appeal, 9 April 1999).' (1999) 8 (4) Journal of Judicial Administration 179-184 Skene, L, Bruinsma, F, and Venn, A, 'We need a better system for multi-centre research (1999) 171 (1) Medical Journal of Australia 52 Stapledon, G, 'Mirror, Mirror on the Wall, Did Monty Have to Go After All?' (1999) 66 Governance 2-3 Stapledon, G, 'Curbing the Noisy Minority' (1999) 72 Governance 11 Stapledon, G, 'Why Voting Shouldn't Be Compulsory' (1999) 28 (9) Pensions World 51-52 Taylor, V, 'Consulting by Lawyers' (1999) 1599 Law Times 4-5 Taylor, V, 'The East Timor Referendum' (1999) 1601 Law Times 2-3 Taylor, V, 'Judges and Sex' (1999) 1595 Law Times 4-5 Taylor, V, 'Legal Education for the Future' (1999) 1609 Law Times 2-3 Taylor, V, 'Legal Professional Negligence' (1999) 1593 Law Times 2-3 Taylor, V, 'Liability and Justice' (1999) 1605 Law Times 2-3 Taylor, V, 'The Small Island Causing a Diplomatic Rift' (1999) 1603 Toki no Horei, Law Times 4-5 Taylor, V, 'Will Indonesia Collapse under the Weight of its Insolvency Law Reforms?' (1999) 1597 Law Times 2-3 Taylor, V, 'Will Lawyers Become Extinct?' (1999) 1591 Law Times 4-5 Triggs, G, 'Book Review: Is there an Asian Style of Dispute Resolution?' (1999) 23 (2) Melbourne University Law Review 550-555 Other Contribution to a refereed journal Baxt, R, 'The Wakim Decision: What Should be Done to Overcome its Impact?' (1999) 17 Company and Securities Law Journal 518-521 Davies, M, 'Australian Maritime Law Decisions 1998' (1999) 1999 Lloyd's Maritime and Commercial Law Quarterly 406-464 Hassall, G, 'Developments: Asia' (1999) 9 (4) Public Law Review 286-288 Hassall, G, 'Developments: Asia' (1999) 10 (2) Public Law Review 156-160 Hassall, G, 'Developments: Asia' (1999) 10 (3) Public Law Review 231-236 Hassall, G, 'Developments: Asia' (1999) 10 (4) Public Law Review F/C Hassall, G, 'Pacific Islands' (1999) 10 (1) Public Law Review 86-90 Lanham, D, 'Letter to the Editor' (1999) December 1999 Criminal Law Review 683-684 McCormack, T, 'Internal Conflicts: The UN Response' (1999) 11 (3) Pacifica Review 329-332 Otto, D, 'Postcolonialism and Law? Guest Editors Introduction' (1998- 1999) Third World Legal Studies Rubenstein, K, 'Citizenship After Liberalism' by Slawner, K and Denhim, M.E, (eds) (1999) 5 Review of Constitutional Studies 114- 117 Stapledon, G, 'Should Institutional Shareholders be Required to Exercise Their Voting Rights?' (1999) 17 Company and Securities Law Journal 332-334 Vranken, M, 'Case Note: Duty of Care, Public Policy, and the European Convention on Human Rights: Osman v UK' (1999) 7 Torts Law Journal 40-45 Vranken, M, 'Case-Note: The Role of Specialist Tribunals in an Environment of Deregulation: A Cross-Tasman Perspective' (1999) 12 Australian Journal of Labour Law 149-153 Vranken, M, 'Book Review: Tort Law; Scope of Protection' (1999) 7 Torts Law Journal 112-115 Reference Works Reinhardt, G, 'Managed Investment Schemes: Changes in the Regulation of Public Unit trusts' in Laws of Australia, LBC Information Services, Sydney (1999) Richardson, M, 'Confidential Information' in The Laws of Australia, LBC Information Services, Sydney (1999) Saunders, C, 'National Control over Subnational Constitutions and Processes for Resolving Competency Dispute' in Subnational Constitutional Governance, Konrad-Adenauer-Stiftung, Johannesburg, South Africa (1999) Skene, L, 'Health Law' in Law Handbook, Fitzroy Legal Service, Melbourne (1999) Stapledon, G, 'Company Management' in The Laws of Australia, LBC Information Services, Sydney (1999) Telfer, J, Box, A and Morrison, I, 'Wills Probate and Administration - Victoria', LBC Information Services, Sydney (1999) Conference Publications Christie, A,'Law and Business for the Digital Millennium- Intellectual Property Issues' Southern Cross University School of Law and Justice conference, Suffolk Park, 2 December 1999. Christie, A, 'Key Legal Dimensions of MP3- the Australian Perspective', Cybeat: Digital Distribution and the Music Revolution conference, Parliament House, Brisbane, 7 July 1999 Christie, A, 'Patent Law in the Year 2010- Where are the Court's Leading Us?' Annual Conference of the Institute of Patent and Trade Mark Attorneys of Australia, Hyatt Regency Coolum, 25 March 1999 Christie, A, 'Fair Dealing in the Digital Age and the CLRC's Response', Australasian Intellectual Property Conference, Southern Cross University Coolangatta, 6 March 1999 Christie, A, 'Simplification of Copyright Subject Matter and Rights', Australian Key Centre for Cultural and Media Policy conference, Griffith University, 12 Feb 1999 Cooper, G, 'Transition to the GST', Law Council of Australia, Tax Reform, Melbourne, 19-21 November 1999 Cooper, G, 'Tax Reform', ASCPA, National Congress, Brisbane, 18 October 1999 Cooper, G, 'CGT Implications of the Ralph Report on Business Tax Reform', Taxation Institute of Australia, Business Tax Review, Melbourne, 29 September Cooper, G, 'CGT Update Plenary Session', Taxation Institute of Australia, 38th State Conference, Melbourne, 9-11 September 1999 Cooper, G, 'Taxation Rulings', Taxation Institute of Australia, National Intensive, Noosa Heads, 5-7 August 1999 Cooper, G, 'Review of the Final GST Legislation', Taxation Institute of Australia, GST Foundation Series, Melbourne, 3 August 1999 Cooper, G, 'Basic Framework of GST', Taxation Institute of Australia, GST Foundation Series, Melbourne, 21 April 1999 Cooper, G, 'Goodwill & Rollovers', Taxation Institute of Australia, National Convention, Melbourne, 24-27 March 1999 Crommelin, M, 'Regulatory Framework for Privatised Industries', Tokyo Institute of Comparative Law Waseda University, Japan, International Symposium on Asian and Oceanian Law: Free Market and Legal Regulation, Waseda University, Tokyo, Japan, September 24-25 1998 Evans, S, 'Some Legal Constructs Ought Never be Deconstructed - Property, Proprietary Remedies and the End of the Formalist Dream', Australian Law Teachers Association Conference, Wellington, 4-7 July 1999 Hanrahan, P, 'Compliance plans for Managed Investment Schemes: Some Practical and Theoretical Perspectives', Corporate Law Teachers Association Conference, Monash University, March 1999 Kosla, M, 'Imposing a Legal Duty on the Governing Body of a Sport to Alter its Rules to Prevent Participant Injury', Fifth Annual Australian and New Zealand Sports Law Association Conference, Sydney, 5-6th August 1999 Lanham, D, 'Principles of Causation in Criminal Law', Deakin University Symposium on Causation in Law and Medicine, Melbourne, 26-28 November 1999 Lindsey, T, 'Black Letter Market and Bad Faith: Corruption as Rational Response and the Failure of Reformasi Hukum', Indonesia Update, ANU, Canberra, August 1999 Lindsey, T, 'Frameworks for Reforming Indonesian Bankruptcy Law', Current Issues & Future Directions for Bankruptcy Reform in Indonesia: International & Comparative Perspectives, Jakarta, April 1999 Lindsey, T, 'Indonesian Labour Laws" Labour Law and Market Regulation in East Asia, University of Philippines, Manila, October 1999 Lindsey, T, 'Indonesian Law Reform' Legal Crisis? Japan and Asia, Asian Law Centre, The University of Melbourne, August 1999 Lindell, G, 'Scope of the Commonwealth's Environmental Powers and Responsibilities', P Leadbeter, G Gunningham and B Boer (eds), Environmental Outlook No. 3: Law and Policy, Sydney, October 1997 Mitchell, R, Robertson, I and Shorten, A, 'Schooling in the Workplace: Legal Regulation of Vocational Placements in Australia'', ANZELA Annual Conference: Legal Rights and Duties of Students, Schools and Institutions: International Perspectives, Auckland, NZ, Ramsay, I, 'Institutional Investors, Corporate Governance and the New International Financial Architecture', Challenges for the New International Architecture: Lessons for East Asia, Hong Kong, 4 June 1999 Ramsay, I, 'Corporate Governance Reform: A Comparative Overview of the Legal, Commercial and Economic Debates', Australian Securities and Investments Commission Summer School, Melbourne, 23 February 1999 Rubenstein, K, 'The High Court and the Shaping of Australian Citizenship'- paper to the 50th Anniversary of Australian Citizenship Conference 23rd July 1999, University of Melbourne Saunders, C, 'New Forms of Regulation: A Challenge to Democratic Accountability and the Rule of Law?', Tokyo Institute of Comparative Law Waseda University, Japan, International Symposium on Asian and Oceanian Law: Free Market and Legal Regulation, Waseda University, Tokyo, Japan, September 24-25 1998 Saunders, C, 'A Constitutional Culture in Transition', Constitutional Culture, Poland, 5-7 March 1999 Saunders, C, 'Electoral System Design in New Democracies', Constitutional Design 2000, Indiana, 9-11 December 1999 Saunders, C, 'Constitutionalism in Asia and Oceania', International Symposium on Constitutionalism, Tokyo, 23-24 September 1999 Saunders, C, 'Fundamental Rights and the Rule of Law and their Protection by Judges', Commonwealth Law Conference, Kuala Lumpur, Malaysia, 13 September 1999 Skene, L, 'Consumer Concerns: What are They, and are They being Addressed?', RJ Blair (ed), Tenth Australian Wine Industry Technical Conference, Sydney, 2-5 August 1998 Skene, L, Parker, M, and Anderson, W, 'Bioethics Teaching and Learning. Problem based learning: A practical demonstration' Proceedings of the 6th National Conference of the Australian Bioethics Association, Hobart, 1999 (ed Christopher Newell) pp 129- 133 Smith, M, 'Building an Asian Law Collection' IALL Course on International Law Librarianship, The University of Melbourne, September, 1999 Smith, M, 'Changing Regulatory Patterns in Japan - An Australian Perspective', Tokyo Institute of Comparative Law Waseda University, Japan, International Symposium on Asian and Oceanian Law: Free Market and Legal Regulation, Waseda University, Tokyo, Japan, September 24-25 1998 Stapledon, G, 'Share Ownership and Control in Listed Australian Companies', Glasgow, 8 April 1999 Stapledon, G and Bates, J, 'Enhancing Efficiency in Corporate Governance: How Recognising the Nature of Modern Shareholding Can Lead to a Simplified Voting Process', Conference on Convergence and Diversity in Corporate Governance Regimes and Capital Markets, Einhoven, The Netherlands, 4-5 November 1999 Stapledon, G, 'Corporate Governance: How Does Australia Compare with the UK?', Faculty of Law Corporate Law Seminar, Cambridge, 30 April 1999 Stapledon, G and Bates, J, 'Institutional Investors' Involvement in Corporate Governance: Developments in Australia and the UK', Brussels, 20 April 1999 Stapledon, G, 'Ownership and Control of the Australian Share Market', Reinventing the Corporation, Sydney, 25-26 November 1999 Taylor, V, 'Restructuring Japanese Transactions: the Competition Dimension' Beyond Japan Inc.: Transparency and Reform in Japanese Governance, Australia-Japan Research Centre, ANU, Canberra, September 1999 Tilbury, M, 'Regulating 'Criminal' Conduct by Civil Remedy: The Case for Exemplary Damages', Tokyo Institute of Comparative Law Waseda University, Japan, International Symposium on Asian and Oceanian Law: Free Market and Legal Regulation, Waseda University, Tokyo, Japan, September 24-25 1998 Tilbury, M, 'The Decision of the High Court in Astley v Austrust', Seminar on Lawyer Professional Negligence, Melbourne, 23rd August 1999 Tilbury, M, 'Converging Liabilities and Security of Contract: Contributory Negligence in Australian Law', 10th Journal of Contract Law Conference, Auckland, 23rd November 1999 Triggs, G, 'The Kyoto Protocol and Emissions Trading: Australia's Initiatives', International Bar Association, Section on Energy and Resource Law. Academic Group Conference, Almeira, Spain, May 1999 |
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